In a search today for something entirely unrelated to decks, I stumbled upon the news that a Homeowners Association in Diamond Bar CA had been red-tagged and the residents ordered to leave their homes because of deferred maintenance leading to structural concerns. The order to leave has been rescinded after the first engineers report declared the property and immediate hazard and recommended evacuating units was found to be lets say “over cautious”. There are 155 condos at the property on the first and second floors. The second floor units have balconies while first floor units have a patio.
Several structural engineers reports on the conditions found at The Village at Diamond Bar came to the conclusion that “while there are substantial deferred maintenance issues that should be addressed throughout the complex property, the condition does not create a widespread and immediate danger to the life or safety of all occupants of the individual units as previously recommended via a report by Khatri International, a structural engineer hired by the Diamond Bar Village Homeowner’s Association.“
Are you a consumer who has contracted with the company formerly known as Wanke Industrial Commercial residential in the LA, Orange County, San Diego or Palm Springs area recently? Did you sign a 15+ page contract with clauses like these?
I filed a complaint with CSLB about this contract; unfortunately CSLB cannot act on my complaint, but the CSLB intake rep I spoke with had some suggestions…The first being don’t sign it, the second being if you did sign it, drop everything you are doing and file a complaint today.
I stumbled on this article by Rachel Miller Esq and Sarah Brown with Reserve Specialist Dennis Eckert RS PRA on CAI’s website. Here Ms. Miller and Ms. Brown discuss the balcony bill in detail and raise a very good point-that Condo’s less than 10 years old may have additional rights under SB-800. Hidden damage exposed during destructive testing may qualify as a latent defect under SB 800 and therefore repairs might be paid for by the builder.
I have heard from several clients of the company formerly known as Wanke Industrial Commercial Residential who have told me horror stories about their tactics. Threats that if they don’t “fix balconies” that they will send a report to the city saying that the decks are dangerous etc. The scummy owner likes to use his wife’s law firm Lindborg and Mazor LLP to bully clients. I can’t give you legal advice but I would tell you to go get legal advice and do not allow the company formerly known as Wanke Industrial Commercial Residential try to push you around. I would encourage you to file complaints with the CSLB the attorney general’s office as well as the department of consumer affairs. If you receive threatening letters from his attorneys I would suggest that you go to the state bar and file complaints against them.
Is it a conflict of interest to do deck inspections under the balcony bill laws in California without disclosing that the company you are being referred to make the repairs or do the destructive testing is owned by the same person?